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(영문) 대구지방법원 2016.10.20 2015가단115067

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Claim 1) The subject matter of distribution in the instant case of demurrer against distribution is F Co., Ltd. (hereinafter “F”).

) Liven shopping Co., Ltd. (hereinafter referred to as “shot shopping”) is limited to a lot shopping.

(1) the following holding with respect to the instant claim for rent under the lease agreement (hereinafter referred to as “the instant claim for dividend”).

2) According to F’s agreement, F entered into a lease agreement on the size of 1,275.28 square meters among the attached parking lots on the 4,329.44 square meters and the 1,275.28 square meters among the attached parking lots on the 4,329.4 square meters and the 10,275.28 square meters on the 4, Jung-gu, Daegu-gu, and the 4, Jung-gu, Daegu-gu.

B. The Plaintiff’s preservative measure and compulsory execution 1) Plaintiff’s provisional seizure as to the dividend claim of the instant case is deemed to be a “Japanese Savings Bank” below the Japanese Savings Bank.

on August 26, 2010, the F is called D Co., Ltd. (hereinafter referred to as "D") under the F's joint guarantee.

(B) A loan of 18.4 billion won was granted to the Bank on September 7, 2012, which was declared bankrupt by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the trustee in bankruptcy on the same day. (B) The Plaintiff was the joint guarantor’s right to the above loan claim against F as the preserved right, and the decision was delivered on December 15, 2014 by the Seoul Central District Court 2014Kadan81253 on December 18, 2014 on the provisional attachment of the claim of 3.6 billion won out of the dividend claim of this case.

2 The provisional attachment of D and the defendant A et al. al. 'the defendant corporation'

D) On October 16, 2013, as Daegu District Court 2013Kadan6579, D received a provisional attachment order for KRW 3.6 billion out of the instant dividend claims, and the said decision was served on a lot shopping on October 18, 2013.

B. D The Daegu District Court 2014Gahap721 rendered a favorable judgment after filing a lawsuit against F in favor of F, and then transferred the said judgment to F as the title of execution on December 17, 2014 with the Daegu District Court 2014TTTT19157 as KRW 915,00,000 out of the amount of the provisional seizure as the title of execution.